The War Injuries (Compensation Insurance) Act has been incorporated on 2nd September, 1943. This Act has been established to impose liability of paying compensation by employers to their workmen suffered or suffering from war injuries and to provide insurance of such employers against such liability as it is expedient.
The employers in respect of war injuries to his workman shall be liable to pay compensation in pursuance to the terms and conditions specified under this Act. This Act provides compensation or reliefs in addition to any other relief provided under the war injuries Ordinance, 1941. This Act also provides insurance to the employers to pay compensation to its injured workman as specified under the provisions of this Act. According to the scheme of this Act the employers shall not be necessary to apply for insurance rather the Central Government shall pay the compensation on behalf of the employers upon assumptions and discharge its duties. The amount of compensation shall be based on the provisions under this Act that may vary depending upon the injuries they face for example death or permanent disablement or minor, etc.
The workman is who under any of the category or class of employment under Essential (Maintenance) Ordinance, 1941 or the workman must be under employment in any factory under the Factories Act, 1934 or the workman must be under an employment in any mines under the Indian Mines Act, 1923 or the workman under any major port or the workman employed in any employment specified in behalf of the Central Government by notifications in the Official Gazette, etc.
This War Injuries Insurance Scheme has been introduced by the Central Government by the notification in the Official Gazette with an intention to make all necessary provisions that are necessary to give effect to this Act. Here the Central Government takes the responsibility of the employers in paying the compensation to the workman under this Act for any war injuries based on their type of injury. This Scheme assists in regulating in payment of compensation and also has a punitive clause for any activities in contravention to this Act by any person. This Scheme provides with provisions with regards to whom, how and in what proportion it has been made for what purpose. This Scheme shall regulate and specify the terms and conditions through many provisions under it in pursuance to this Act.
The employer of the workman shall take up insurance if he is found eligible to take insurance as per the provisions under this Act. The insurance company to which the employers of the workman take insurance shall be an approved insurance company by the Central Government. In case of any violation or contraventions against these provisions under this Act shall be penalized under this Act. The Central Government shall create a war injuries compensation insurance fund in pursuance to this Act for all the monitory activities done for the purpose of fulfilling the intention of this Act. The Central Government shall prepare the necessary accounts of what amount comes in and the amount that goes out for every six months. In case of any excess fund, it shall be kept by the Central Government for the benefit of the workman.
The Central Government or any person on its behalf has rights to investigate or to ask for any documents in pursuance to this Act as any time as it may think it is necessary inorder to look forward to fulfill the intention of this Act in an effective manner. In case if anybody violates or act in contravention to this Act shall be penalized as specified under the provisions of this Act. In case if any employer fails to insure then the Central Government shall pay the compensation to the workman in pursuance to this Act. It also claims back from the employers. It shall be recovered as arrears of land revenue.
The Central Government has enormous power to regulate or frame any number of rules in pursuance to this Act whenever it deems necessary. No suits or any legal proceedings shall be made in case of any activities of the Central Government or any such person acting in pursuance to this Act in good faith. In case of any legal proceedings against any person violating the provisions of this Act shall be punished under the Civil Procedure Code, 1908 and Code of Criminal Procedure including Indian Penal Code, 1860 and other Acts that may deems fit. This Act has been amended subsequently based on the requirements to make things more effective in pursuance to this Act.
by C.Srivenkatesh Prabhu.